Plain language law

New Zealand law explained for everyone

Armed Forces Discipline Act 1971

Special provisions for dealing with mentally impaired persons

188D: Inquiry during trial into accused’s involvement in offence

You could also call this:

"Checking if you did the crime when you're on trial"

Illustration for Armed Forces Discipline Act 1971

If you are on trial and found unfit to stand trial, the Court Martial must decide if there is enough evidence against you. They will look at whether you probably caused the act or omission that is the basis of the offence you are charged with. The Court Martial can consider evidence already presented or hear new evidence to make this decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS147531.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

188C: Inquiry before trial into accused’s involvement in offence, or

"Checking if you likely did something wrong before a trial"

Next

188E: Outcome of consideration of accused’s involvement, or

"What happens if you're found guilty or not guilty in a Court Martial"

Part 10Special provisions for dealing with mentally impaired persons

188DInquiry during trial into accused’s involvement in offence

  1. This section applies if, during a trial, the accused is found unfit to stand trial.

  2. The Court Martial must decide whether the Court is satisfied, on the balance of probabilities, that the evidence against the accused is sufficient to establish that the accused caused the act or omission that forms the basis of the offence with which the accused is charged.

  3. For the purposes of subsection (2), the Court Martial may (whether on the application of a party or on the Court's own initiative) do either or both of the following:

  4. consider any evidence presented at the trial:
    1. hear any new evidence.

      Notes
      • Section 188D: inserted, on , by section 16 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).